Wants to Pass by the Meeqat without Ihram and Visit Friend in Jeddah Fatwa No: 369067
- Fatwa Date:14-1-2018
i am from YANBU saudi arabia. i have a plan to go to macca for umra . in between YANBU and jeddah , tuwal is our meeqath.I would like to visit my friend in jeddah without ihram .we can say 95 % will be able to visit macca after the jeddah visit . should i comeback to meeqath to make intention for UMRA or can i make UMRA intention from Jeddha ?Jeddha to makka will be 50 KM
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
Since you are determined to perform ‘Umrah after visiting your friend in Jeddah, then in principle, you are obliged to assume the state of Ihram when passing by the Meeqaat and it is not permissible for you to delay assuming the state of Ihram until you arrive in Jeddah. However, if you pass by the Meeqaat while you intend to return to it to assume the state of Ihram from, then there is no harm on you in doing so in this case. Indeed, some scholars of Fiqh stated that it is permissible to pass by the Meeqaat without assuming the state of Ihram for one who intends to return to it.
They said: “There is no sin for passing by the Meeqaat [i.e. without assuming the state of Ihram] as long as one intends to return to it.”
The footnote of al-Jamal, which is one of the books of the Shaafi’i School of Jurisprudence, reads:
“In regard to going beyond the Meeqaat [i.e. without assuming the state of Ihram] while intending to return to it, or to a place of the same distance like it, before assuming the state of Ihram in that year, then one is not sinful for going beyond the Meeqaat if he returns because the ruling of abuse is waived by his returning and repenting; contrarily if he does not return.
Al-Adhru’i combined the statements of the scholars who said: “It is not forbidden to pass by the Meeqaat [i.e. without assuming the state of Ihram] while intending to return to it, and some other scholars of the Shaafi’i School stated that it is forbidden: [he –i.e. Al-Adhru’i –said] The first is understood to mean in case he actually returns after passing by the Meeqaat with the intention of returning [to it]; and the second view [which is the view that it is forbidden] is understood to mean in case he does not return, even if he had passed by it while intending to return…..” [End of quote]
Shaykh Ibn 'Uthaymeen was asked about someone who wants to pass beyond the Meeqaat, while intending to perform the ritual, but he does not want to assume the state of Ihram at first because he will go and have a rest with his relatives, and then he will return to the Meeqaat and assume the state of Ihram from there.
He replied:
“It is better that he does not pass by the Meeqaat unless he assumes the state of Ihram, and he can relax with his relatives while he is in the state of Ihram. People do not find any embarrassment or shame in this, but if he does [passes the Meeqat without Ihram] and says: I will go for a rest now, and then I will go back to the Meeqaat and assume the state of Ihram from there; then there is nothing wrong with this.”
The questioner interjected: “It will be for a week.”
The Shaykh replied: “There is no objection at all, what is important is that he goes beyond the Meeqaat, and his intention is to return and assume the state of Ihram from it.”
The questioner asked again: “Does he have to return to the Meeqaat that he passed by?”
The Shaykh: “Yes, he has to go back to the Meeqaat that he passed by.”
The questioner asked: “Whether it is near or far?”
The Shaykh replied: “Whether it is near or far.” [End of quote]
[Excerpted from the open door meeting –Liqaa’ al-Baab al-Maftooh]
Allah knows best.